Most ebook files are in PDF format, so you can easily read them using various software such as Foxit Reader or directly on the Google Chrome browser.
Some ebook files are released by publishers in other formats such as .awz, .mobi, .epub, .fb2, etc. You may need to install specific software to read these formats on mobile/PC, such as Calibre.
Please read the tutorial at this link. https://ebooknice.com/page/post?id=faq
We offer FREE conversion to the popular formats you request; however, this may take some time. Therefore, right after payment, please email us, and we will try to provide the service as quickly as possible.
For some exceptional file formats or broken links (if any), please refrain from opening any disputes. Instead, email us first, and we will try to assist within a maximum of 6 hours.
EbookNice Team
Status:
Available5.0
5 reviewsISBN 10: 1509948678
ISBN 13: 978-1509948673
Author: Matthew Fisher, Robin Jacob, Lynne Chave
“This book is a classic... its style and content remain invaluable.” Entertainment Law Review
This is the new edition of a unique book about intellectual property. It is for those new to the subject, both law students and others such as business people needing some idea of the subject. It provides an outline of the basic legal principles, educating the reader as to the shape of the law. Critically, it also gives an insight into how the system actually works. You cannot understand chess by merely learning the rules – you also have to know how the game is played: so too with intellectual property.
The authors deliberately avoid technicalities: keeping things simple, yet direct. There are no footnotes to distract. Although cases are, inevitably, referred to, they are explained in a pithy, accessible manner.
All major areas of IP – patents, trade marks, copyright and designs – are covered, along with briefer treatment of other rights and subjects such as breach of confidence, plant varieties and databases.
A novice reader should come away both with a clear outline of IP law and a feeling for how it works. Students will be able to put their more detailed study into perspective. Users will be able to understand better how IP affects them and their businesses.
PART I INTRODUCTION
...
Introduction.
Kinds of Intellectual Property
'Exclusive Rights'
Registered and Unregistered Rights
Foreign Law
Spatial and Temporal Monopolies.
Other Things
Exclusive Licensees
The Scheme of this Book
2. Courts, Remedies and Legal Actions.
Civil and Criminal Law
The UK Civil Courts
The Continued Importance of EU Law.
Dispute Fora Other than Courts.
Infringement, Revocation, Declarations and Threats Claims.
When to Sue
Time
Costs
Remedies
Introduction
Interim ('interlocutory') Injunctions
The Final Injunction
Financial Remedies
Damages
Account of Profits.
Other Remedies
Seizure of Infringing Goods
3. Patent, Copyright or Design?
Introduction..
Patents
When Patents Suffice.
Designs: Registered and Unregistered.
Design Registration
Unregistered Design Right
Copyright
Computer Software...
Periods of Protection
Patents
Registered Designs..
DR
Copyright
A Role for Trade Marks?
'Imitations' and Copying..
Another Way?
PART II
PROTECTING THE PRODUCT
4. Patents and How to Get Them..
Introduction
The Patent Law System
When Is an Invention Patentable?
Non-inventions
Excluded Inventions
Industrial Applicability
Novelty
Inventive Step
Entitlement: Who Can File a Patent Application?.
Inventions Made by Employees
The Patent Specification
Patent Attorneys.
When to File?
The UK Application Process..
Filing an Initial Application
Filing the Final Specification.
Preliminary Examination, Search and Publication
Substantive Examination
Grant, Term and Costs
Amendment after Grant..
Revocation after Grant
Co
The Invention is Not Patentable.
Insufficiency
Non-entitlement.
Impermissible Amendment....
Ownership.....
A Brief History
5. Important Inventions
Introduction...
Where Others have Tried.
An Important Invention...
Protection Abroad..
The European Application Process.
The Application Process...
A Unified Patent Court and Unitary Patent...
EPO Oppositions
Post-grant Amendment
The Patent Cooperation Treaty.
What Route to Take?...
'Improvement Patents....
Action for Infringement or Revocation.
The Scope of a Patent: Claims and Equivalents
What Amounts to Infringement?
Delayed Actions
6. More about Patents
The Importance of Validity.
Evading Patents
By 'Designing Around'.
By Making Something 'Old'
Licensing
The General Principle.
Limits on Licensing and Exploitation
Compulsory Licensing
Supplementary Protection Certificates
Taxation and Patents...
Drugs and Similar Chemical Compounds
Problems
'Selection' Patents.
Genetic Engineering
Rights in New Forms of Plants
The Government's Right to Work Patents.........
Keeping Inventions Secret for National Security.
The Invention is Not Patentable.
Insufficiency
Non-entitlement....
Impermissible Amendment....
Ownership.....
A Brief History
5. Important Inventions
Introduction...
Where Others have Tried.
An Important Invention..
Protection Abroad...
The European Application Process.
The Application Process...
A Unified Patent Court and Unitary Patent..
EPO Oppositions
Post-grant Amendment
The Patent Cooperation Treaty
What Route to Take?.
'Improvement Patents...
Action for Infringement or Revocation.
The Scope of a Patent: Claims and Equivalents
What Amounts to Infringement?
Delayed Actions
6. More about Patents
The Importance of Validity.
Evading Patents
By 'Designing Around".
By Making Something 'Old'
Licensing
The General Principle..
Limits on Licensing and Exploitation
Compulsory Licensing
Supplementary Protection Certificates.
Taxation and Patents...
Drugs and Similar Chemical Compounds
Problems
'Selection' Patents...
Genetic Engineering
Rights in New Forms of Plants...
The Government's Right to Work Patents
Keeping Inventions Secret for National Security.
7. Industrial Designs
Introduction..
UK Registered Designs..
Registration Abroad
Scope of Protection
UK Unregistered Design Right
EU UDR, CUDR and SUDR
Copyright and Designs.....
Use of Other Rights to Protect Designs
PART III
TRADE MARKS, PASSING OFF AND UNFAIR COMPETITION
8. Trade Marks and Passing Off
Introduction..
Passing Off and Registration of Trade Marks....
What Does Passing Off Do That Registration of
Marks Can't?...
Kinds of Registered Trade Marks.
Trade Mark Conflicts
9. Trade Mark Registration
Introduction
Absolute Grounds
The Mark Must be Distinctive..
The Mark Must Not be Contrary to Public Policy or
Morality
The Mark Must Not be Deceptive..
The Mark Must Not be a Specially Protected Emblem
The Mark Must Not be Applied for in Bad Faith....
Special Requirements for Shape and Other Non-conventional
Trade Marks
Relative Grounds: Earlier Marks and Rights...
Earlier Trade Marks.
Other Earlier Rights
Applications and Oppositions.
Classification of Goods and Services
The Applicant
Examination
Acceptance and Publication
Opposition
Registration
Contents
10. Trade Mark Infringement...
Introduction...
What Activities Can a Registered Trade Mark Stop?
Expanding Trade Mark Functions.
The Tests for Infringement
(i) Identical Marks and Identical Goods/Services.
(ii) Identical Marks and Similar Goods/Services, or Similar Marks and Identical Goods/Services.
(iii) Identical or Similar Marks and Identical,
Similar or Dissimilar Goods/Services
Dilution
Tarnishment.
Taking an Unfair Advantage.
Use
Who to Sue?
Contested Actions
11. Exceptions to Trade Mark Infringement
Introduction....
Use of Own Name or Address.
Descriptive and Non-distinctive Use
Referential Use.
But there Must be Honesty.
Comparative Advertising....
Earlier Rights
Use of Defendant's Own Registered Mark..
12. Removal from the Register - Revocation and Invalidity..
Introduction.
Grounds for Revocation.
Non-use
The Mark has become a Common Name in the Trade.
The Mark has become Misleading.
Partial Revocation......
Grounds for Declaration of Invalidity.
13. EU Trade Marks, 'International' Registration and Well-Known Marks.
Introduction..
The EU Trade Mark
Applications for an EU Trade Mark
Applications for Revocation or Invalidity.
Infringement Actions
'International Registration of Trade Marks.
Well-Known Marks....
14. Collective Marks, Certification Marks and Geographical
Indications
Introduction....
Collective Marks
Application for Registration...
Infringement...
Revocation and Invalidity.
Certification Marks
Application for Registration.
Infringement...
Revocation and Invalidity.
Geographical Indications.
15. Passing Off
A General Rule
Varieties of Passing Off..
'Badges' and Reputations
The Risk of Deception
Get-up Cases
Business Names..
Exceptional Cases Where Confusion is Tolerated..
Use of Own Name
Descriptive Names and Marks...
Marks that the Public Treats as Descriptions.
'Extended' Passing Off...
Odd and Unusual Instances....
Where the Claimant Does Not Trade...
Other Odd Instances
Suing for Passing Off.
16. Malicious Falsehood and Other Actions..
Introduction....
Malicious Falsehood
Riding v Smith, 1876
Hayward & Co v Hayward & Sons, 1887
Mentmore v Fomento, 1955
De Beers v General Electric, 1975
Compaq v Dell, 1992
DSG Retail v Comet Group, 2002
Conclusion
Domain Name Disputes.
Company Name Disputes.
Advertising Standards Controls.
PART IV
COPYRIGHT AND RELATED RIGHTS
17. Introduction to Copyright
Introduction....
The Nature of Copyright.
Copyright, Reputations and Competition.
Types of Copyright Dispute.....
Copyright in Practice
Copyright and Confidence
Old Copyright Works.
A Short History
18. Works: The Subject of Copyright
Works: A Closed List
Merit, Originality and Substance...
Triviality
Updated Works
Compilations and Databases.
Photographs and Sound Recordings.
Foreign Works.
EU Influence on Originality and Works.
Illegal and Immoral Works..
Overlapping Rights
Translations..
Other Cases.
19. Authorship, Ownership and Term of Copyright..
Introduction....
The Basic Rule - Copyright Belongs to the Author..
Literary, Dramatic, Musical or Artistic Works..
Computer-Generated Works.
Entrepreneurial Works..
Joint Authorship.
Exception 1 - Works by Employees...
Exception 2 - Commissioned Works.
Crown and Parliamentary Copyright.
Where Authorship is Uncertain.
Orphan Works.
Duration and its Link to the Author and the Work
Authorial Works..
Crown Copyright Entrepreneurial Works.
20. What Is Infringement of Copyright?
Introduction..
Primary and Secondary Infringement
A Derivative Link is Crucial
Proving Derivation
Infringement by Reproduction
Copying
A Substantial Part Must be Copied
Where Some Part (But Only a Small Part) is Copied Exactly
Where there is Merely a Similarity of Form or
General Idea
Example 1
Example 2
Changes in Material Form
Other Forms of Primary Infringement
Issuing Copies to the Public.
Publishing an Unpublished Work..
Renting/Lending a Work
Performing/Showing a Work in Public.
Communicating a Work to the Public.
Adaptation
Getting Others to Infringe and Similar Cases.
Secondary Infringement
21. What Is Not Infringement?
Introduction.
The Owner of the Copyright Cannot Control
Legitimate Copies
Specific Exceptions
Temporary Copies
'Fair Dealing' Defences....
Non-commercial Research and Private Study.
Non-commercial Text and Data Analysis
Criticism, Review or Quotation and Reporting Current
Events
Parody, Caricature and Pastiche.
Other Statutory Defences
Incidental Inclusion
An Artist Reusing Sketches, etc.
Conte
Representation of Artistic Works in Public Places.
Broadcasts
Time-Shifting.
Computer Programs
Other Cases
Problematic Situations..
Personal Copies for Private Use.
The Public Interest, Control of Information and the Human
Rights Act
22. Dealings in Copyright
Introduction.
Formal Problems
On Transfers of Copyright
Foreign Formalities.
On Licensing
Contracts Relating to Copyright.
Implied Terms
Where Works are Made to Order.
Where a Publisher Agrees to Publish an
Author's Work
Bequests of Copyright Works.
Sales of Part of a Copyright
Publishing Agreements.
Literary Agents
Manuscripts Sent for Advice
Collective Licensing..
Taxation and Authors..
23. Moral and Other Related Rights..
Moral Rights
Introduction
Right to be Identified as the Author...
Right to Object to Derogatory Treatment.
False Attribution of Authorship.
Examples
Right to Privacy of Certain Photographs and Films.
Duration of Moral Rights and Waiver....
Other Related Rights
Performers Rights and Recording Rights.
Artists' Resale Right...
Copy Protection - Anti-circumvention.
PART V
MISCELLANEOUS MATTERS
24. The Criminal Law and Customs Seizure..
Introduction...
The Trade Marks Act 1994..
The Copyright, Designs and Patents Act 1988.
Registered Designs Act 1949
The Consumer Protection from Unfair Trading Regulations 2008....
Other Criminal Laws
The Practical Working of the Criminal Law..
As an Alternative to Civil Action...
Enforcement Provisions.....
Penalties
Customs Seizures
25. Confidence and Privacy.
Introduction...
Rights to Privacy.
The Action for Breach of Confidence.
The General Rule....
When Is Information Confidential?.
Circumstances Giving Rise to a Relationship of Confidence
Trade Secrets - What Will Be Protected?
Marking Things 'Confidential'..
Confidence and Contract
Where the Information Becomes Public Knowledge.
Remedies
Suing Third Parties
Problems of Proof.
Where the Action Will Not Lie
'No Confidence in Iniquity'
Disclosures in the Public Interest.
Public Policy
The Duty of Confidence Must be Owed to the Claimant...
Sale of 'Know-How'
The Need for Agreements.
Difficult Cases
Privacy and the Press
The 'Ordinary Citizen' and the 'Celebrity'.
How Much Can the Story Be Fleshed Out?.
Some Examples
Contents
A Brief Excursion into a Dry Debate
The EU Trade Secrets Directive
26. Database Right
Introduction....
What Is a Database?.
Subsistence of the Database Right.
Criteria for Protection..
Duration and Dealings
What the Database Right Protects.
Exceptions to Database Right Protection.
Actions for Infringement of Database Right.
27. Reselling IP-Protected Goods: Licence or Exhaustion of Rights
Introduction....
Does the Trade Activity Fall within the IP Holder's Exclusive Rights?
Consent/Licence...
Exhaustion of IP Rights....
Post-Brexit Trade between the UK, the EEA and the World
Free Movement of Goods within the European Economic Area
Example 1: Patents Where First Sale is in the EEA
Example 2: Same with Trade Marks.
Example 3: Unconnected Parties.
When Rights are Not Exhausted.
Example 4: Debranding..
28. Some International Aspects and Competition Law..
Public International Law Aspects.
A Little History..
The TRIPS Agreement..
Issues with TRIPS and Subsequent Developments
US Law
An Introduction to EU Legislation..
EU Directives and Regulations.
Competition Law
EU Competition Law.
Article 101
Article 102
UK Competition Rules...
The Uneasy Relationship between Competition Law and IP.
Private International Law....
Foreign Intellectual Property Rights
Example 1
guidebook to intellectual property
what is considered intellectual property
5 examples of intellectual property
give examples of intellectual property
concept of intellectual property
Tags: Matthew Fisher, Robin Jacob, Lynne Chave, Guidebook to intellectual
4.6
12 reviews
5.0
27 reviews
4.7
9 reviews
5.0
9 reviews